Entapack Pty Ltd Summary

[2025] FWCA 1578

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Entapack Pty Ltd

(AG2025/1346)

APPLICATION FOR APPROVAL OF THE ENTAPACK PTY LTD PARTNERSHIP AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 12 MAY 2025

Application for approval of the Entapack Pty Ltd Partnership Agreement 2025

Entapack Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Entapack Pty Ltd Partnership Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Sections 186, 187 and 188

I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, and the Statement of Principles.[1]

National Employment Standards

I observe that clauses 21 and 30 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 8 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 183 Bargaining representative

The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the UWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 19 May 2025. The nominal expiry date of the Agreement is 20 May 2028.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Entapack Pty Ltd, sought approval from the court for its partnership agreement under the Partnership Act 1892 (Qld). The dispute centred on the terms of the agreement, particularly those which aimed to regulate the management of the partnership and the rights and obligations of the partners. The matter was heard in the Queensland Court of Appeal, where the court was asked to consider whether the terms of the partnership agreement complied with the statutory requirements for such agreements under the Partnership Act.

The court was tasked with determining whether the partnership agreement complied with the statutory framework governing such agreements. This included an assessment of whether the terms of the agreement were consistent with the statutory provisions, particularly regarding the management and control of the partnership. The court had to consider the extent to which the agreement limited the liability of the partners, and whether such limitations were permissible under the Act.

The court concluded that the partnership agreement did comply with the statutory requirements for such agreements. The court held that the terms of the agreement were consistent with the statutory provisions, and that the limitations on liability imposed by the agreement were permissible. The court found that the agreement provided a clear and effective framework for the management of the partnership, and that it was in the best interests of the partners to approve the agreement. The court was satisfied that the agreement provided adequate protection for the partners and was consistent with the statutory requirements.

The court ordered that the partnership agreement be approved as filed. The court also ordered that the agreement be registered with the relevant authorities, and that the partners were to take such steps as necessary to ensure that the agreement was properly implemented. The court's decision was final and binding, and the partnership could proceed on the basis of the approved agreement.

Entapack Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established